SUB-REGIONAL OVERVIEW: CENTRAL ASIA
SUB-REGIONAL OVERVIEW: CENTRAL ASIA
TABLE 8
TABLE 9
Status of Accession Of International Human Rights Treaties
Reported stateless persons to the UNHCR
Country
Kazakhstan
✅
⛔
Stateless 1
⛔
Stateless 2
⛔
Refugee
✅
Signifies that the country is a party to the convention
Signifies that the country is not a party to the convention
A stateless person can only begin accumulating
the years of residency required for naturalization
after they have successfully completed the
Statelessness Determination Procedures (SDPs),
and are formally recognised as stateless.473
Difficulties accessing the SDP for some stateless
persons can present a barrier to stateless persons’
naturalization in Kazakhstan.474
A stateless person can only begin accumulating the
years of residency required for naturalization after
they have successfully completed the Statelessness
Determination Procedures (SDPs), and are formally
recognised as stateless.
Dual citizenship
Dual citizenship is not permitted in Kazakhstan’s
citizenship laws with Article 3 stating that the
Republic of Kazakhstan does not recognize the
citizenship of another state to its citizens.475
Article 21 further states that gaining citizenship
of a different state will result in loss of citizenship
of Kazakhstan.476 The Law does not provide details
on the process of renunciation of prior citizenship
upon application for citizenship of Kazakhstan.
Treaty ratification status
Article 2 of the Law of the Republic of Kazakhstan on
Citizenship of the Republic of Kazakhstan states that
the rules of any ratified international treaties take
precedence over the rules included in the Law.477
Dual citizenship is not permitted in Kazakhstan’s
citizenship laws with Article 3 stating that the
Republic of Kazakhstan does not recognize the
citizenship of another state to its citizens.
48
ICCPR
✅
ICESCR
✅
ICERD
✅
CRC
✅
✅
Stateless 1 - 1954 Convention relating to the Status of Stateless Persons
Stateless 2 - 1961 Convention on the Reduction of Statelessness
Aside from the 1954 Convention relating to
the Status of Stateless Persons and the 1961
Convention on the Reduction of Statelessness,
Kazakhstan has ratified all relevant international
treaties, which include the 1951 Refugee
Convention and its 1967 Protocol, the ICCPR,
ICESCR, ICERD, CRC, and CEDAW. There were no
notable reservations from Kazakhstan on these
ratifications.
Under CEDAW, Kazakhstan is required to
ensure gender equality in nationality laws.478 In
Kazakhstan’s recent concluding observations by
the CEDAW Committee, it was identified that
reacquisition of nationality after loss of nationality
through marriage is not always possible and,
therefore, legislation should be reviewed to
ensure that women can re-acquire nationality
in cases of dissolution or non-occurrence of
marriage.479 It was also recommended that
Kazakhstan ensure the right to appeal to protect
against arbitrary deprivation of nationality.480
Recent concluding observations by the CERD
Committee also included recommendations for
Kazakhstan to improve data collection on the
number of stateless persons in the territory.481
Kazakhstan has also already committed to ensuring
that every child’s birth is registered immediately by
ratifying the ICCPR and the CRC.482 However, the
State has been non-compliant with its obligations
under ICCPR, CRC, and its statelessness pledge
of 2019 due to the lack of proper implementation
of birth registration to children of undocumented
parents.483 This also relates to Kazakhstan’s
obligations under the CRC which requires that
signatory states leave no child to statelessness.484
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
Country
CEDAW
Kazakhstan
2019 (year start)485
2020 (year end)486
2021 (year end)487
2022 (year end)488
7,690
7,999
7,831
8,569
Source: UNHCR, Global Trends: Forced Displacement from 2019-2022.
The CRC Committee in 2015 recommended that
Kazakhstan ensure stateless children access to
free education and health care services.489
Population
Reported stateless persons
In 2022, UNHCR reported 8,569 stateless
persons in Kazakhstan, which shows an increase
of 738 reported stateless persons in the year since
2021.490 The true number of stateless persons
living in Kazakhstan may be higher than reported,
with ICERD noting that data collection needs
improvement.491 The reported population in 2022
shows an increase of 879 reported stateless
people since the start of 2019.492
Kazakhstan’s Pledges to End
Statelessness
Kazakhstan made two pledges at the
2023 Global Refugee Forum to “establish
relevant legislative safeguards to reduce
statelessness in Kazakhstan within
2024-2025” and “reducing the number of
stateless persons through naturalization
in 2024”.493 At the High-Level Segment
on Statelessness in 2019, Kazakhstan
made a pledge to “improve access to
birth registration procedures through
amendment of the national legislation to
ensure that every child is registered at
birth”.494
The stateless population in Kazakhstan is largely
made up of those who did not acquire citizenship
of Kazakhstan or another successor state after
the dissolution of the USSR in 1991.495 In 2020,
a nation-wide campaign to identify stateless
persons was launched by UNHCR with the goal
of increasing registration and resolution of
statelessness in Kazakhstan.496
Persons at risk of statelessness
Those who are at risk of statelessness in
Kazakhstan generally comprise of children born to
two foreign parents within Kazakhstan’s territory,
children born to refugees, undocumented
parents, or parents who are otherwise unable to
confer nationality to their child, as well as children
born to stateless parents who are not permanent
residents of Kazakhstan.497
Causes of Statelessness
Lack of legal safeguards against
childhood statelessness
Kazakhstan’s national legislation provides that
children born to one Kazakhstani citizen parent
and one parent who is officially recognized as
stateless or whose nationality is undetermined will
Those who are at risk of statelessness in Kazakhstan
generally comprise of children born to two foreign
parents within Kazakhstan’s territory, children born
to refugees, undocumented parents, or parents who
are otherwise unable to confer nationality to their
child, as well as children born to stateless parents who
are not permanent residents of Kazakhstan.
REPORT 2024
49
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